Subway Franchise Allegedly Fires Employee for Being HIV-Positive

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A Subway franchise in Indiana is being sued in federal court for allegedly firing an employee for being HIV-positive. The lawsuit was brought by the Equal Employment Opportunity Commission, which says that the sandwich shop fired the employee, who is named in the lawsuit as John Doe, after he told his boss that he is HIV positive.

Court documents say that the supervisor responded by saying, “What if you cut yourself?” and “What if our customers find out?”

This conversation happened on January 13th, twelve days after Doe was hired at the Subway franchise. On February 14th, his supervisor informed him that the franchise manager felt that he could pose a liability to the company, and terminated his employment.

Health and food experts around the world agree that transmission of HIV/AIDS via food and beverages is not a known risk for educated food handlers, according to the Institute of Food Science and Technology. And the release of an employee based on discrimination violates the Americans with Disabilities Act.

“We believe that this individual was terminated simply because of ignorance and fear that customers would find out, but that’s not an excuse for terminating somebody," EEOC attorney Nancy Dean Edmonds told FOX. "You can’t terminate someone just because you find out that they’re HIV positive.”

“I think it’s important for the public to see that discrimination occurs especially for people who are HIV positive,” said Edmonds.

The defendant is seeking compensation in the form of back pay and compensatory and punitive damages.

According to AIDS.gov, more than 1.2 million people in the United States are living with HIV infection.